After State Steps In, El Cajon Condos to End Ban on Children Playing in Common Areas

SACRAMENTO – The California Civil Rights Department (CRD) today announced securing a fair housing settlement with the owners and managers of approximately 100 condominiums at the Artesia El Cajon in San Diego County. The settlement resolves allegations that the owner, property manager, and homeowners association discriminated against families by maintaining a ban on children playing in common areas. As part of the settlement, the grandparents who filed the complaint will receive $85,000 in compensation and the owners and managers of the condominiums will make a range of policy changes to protect against future discrimination.

“No grandparent should ever have to fear eviction because their grandchild wants to play outside,” said CRD Director Kevin Kish. “Families are entitled to full and equal access to their homes and common areas, just like anyone else. This settlement will help protect the rights of families and their kids.”

No Playing Allowed

In 2023, CRD received a housing complaint from CSA San Diego County, a nonprofit fair housing organization, on behalf of a family living with their grandson in El Cajon. According to the complaint, a representative of Swanson Real Estate Solutions, the property management company, verbally berated the grandson and his siblings for playing outside and ordered them to go home. The homeowners association also had signs posted indicating no playing was allowed in the common areas. The property management company then sent the family a letter saying that they were in violation of their lease agreement because of their grandson playing in common areas. Although the grandparents reached out to the company through a local fair housing organization to ask them to revise the restrictions, they allegedly never received a response. While the family ultimately moved out, the experience allegedly left their grandson feeling afraid to play outside.

Families Have Housing Rights

Under the California Fair Employment and Housing Act, housing providers cannot discriminate against people based on a range of protected characteristics, including because they are part of a family with children under the age of 18. This means that housing providers generally cannot impose overly restrictive rules that discourage or prohibit any play activities outdoors or in common areas. All tenants, including families with grandchildren and foster children, have the right to enjoy full and equal access to their homes and common areas. They generally cannot be denied housing, charged higher rent, or receive inferior services solely because children are part of their family.

State Steps In, Brings Policy Change

After investigating the complaint, CRD determined that the family’s rights had likely been violated and provided the parties an opportunity to resolve the matter through mediation. As a result of the settlement, the property managers and owners will:

• Cease and desist from enforcing any unlawful restrictive rules requiring children to always be under adult supervision in common areas or prohibiting any outdoor play.
• Update and submit for CRD’s approval any rules or policies regarding the supervision of children in any residential property that they own.
• Distribute informational materials on California’s fair housing rights to all current and new tenants.
• Complete training on fair housing.
• Pay $85,000 in compensation to the family.

Californians Are Protected Against Housing Discrimination

CRD is committed to protecting equal access to housing for all Californians. During National Fair Housing Month, the department shared the results of fair housing testing conducted across Los Angeles County and Ventura County, showing ongoing and wide-ranging discrimination. In 2024, CRD secured a settlement to protect victims of domestic violence against housing discrimination. The department also obtained a $43,000 settlement over an alleged ban on emotional support animals at a homeless shelter in San Diego. In 2023, CRD reached a $3 million settlement with the owners of dozens of apartment complexes in the Bay Area over alleged discrimination against families with children.

If you or someone you know has experienced housing discrimination, CRD may be able to assist you through its complaint process. The department also provides general information and factsheets online about civil rights protections, including with respect to your rights in housing.

The settlement announced today was secured by Staff Counsel Irene Meyers, Staff Counsel Val Erze, and Assistant Chief Counsel James Zahradka, with support from additional members of the legal division. It was mediated by Attorney IV Mediator Angela E. Oh.

A copy of the settlement is available here.

The California Civil Rights Department (CRD) is the state agency charged with enforcing California’s civil rights laws. CRD’s mission is to protect the people of California from unlawful discrimination in employment, housing, public accommodations, and state-funded programs and activities, and from hate violence and human trafficking. For more information, visit calcivilrights.ca.gov.

View Press Release (PDF) After State Steps In, El Cajon Condos to End Ban on Children Playing in Common Areas